Legal Opinion

Speir v. Benvenuti

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 1921PublishedCited by 5 opinions

Reargument of the submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Blackmar, P. J.:

The facts are stated in the prior opinion (194 App. Div. 769.) The argument when the case came on before was primarily directed to the question whether the agreement of 1905 was competent to change the terms of the trust and the devolution of the remainder under the deed of 1900. The opinion dealt principally with that question. Whether the will of Charles W. Wheeler executed the power of appointment contained in the deed of 1900, although suggested, was not argued by any of the parties. A motion for a reargument was granted (196 App. Div. 905) to permit that question to be…

2Cases cited3 opinions

  1. Lockwood v. . MildebergerNew York Court of Appeals · 1899
  2. White v. . HicksNew York Court of Appeals · 1865
  3. Speir v. BenvenutiAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by5 opinions

  1. In re the Estate of MannNew York Surrogate's Court · 1930
  2. Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1935
  3. Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934
  4. In re the Construction of the Last Will & Testament of FlewwellinNew York Surrogate's Court · 1924
  5. In re the Estate of WoodwardNew York Surrogate's Court · 1940

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